K.L.Roy, J. - (1.) One Kartick Chandra Das, the respondent No. 3 herein, was employed as a driver originally by the District Board of 24 Parganas and later by its successor the 24 Parganas Zilla Parishad constituted under the West Bengal Zilla Parishad Act, 1963 (hereinafter referred to as 'the Act') which is the petitioner in this case. Respondent No. 3 was asked to show cause by a notice dated the 8th January, 1964, in respect of certain alleged offences committed by him, but the enquiry in respect thereof was kept in abeyance by an order of the Administrator to be revived in case there were further complaints against the said respondent. Thereafter further complaints having been received another show-cause notice dated the 2nd December 1964 was served on him and an enquiry proceeding was started against the said respondent During the course of enquiry in respect of the said two show-cause notices, further complaints were received and a third show-cause notice dated the 15th February 1965 was served on the said respondent Enquiry proceedings in respect of the above three show-cause notices were held by the Executive Officer of the petitioner when witnesses including witnesses called by respondent No. 3 were examined and by his report dated the 31st March 1965 the said Executive Officer reported that one out of six in the first charge-sheet and all the charges in the subsequent two charge-sheets were proved and the said Executive Officer recommended the dismissal of respondent No. 3. On the basis of the said report, the petitioner served notice on the said respondent to show cause why he should not be discharged from service. The respondent showed cause in writing. By an unanimous resolution dated the 5th May, 1965, the petitioner discharged the respondent from service. Against the aforesaid order of discharge the respondent No. 3 preferred an appeal. There is some dispute as to whom the appeal was addressed. According to the petitioner the appeal was addressed to the Commissioner, Presidency Division, through the Chairman of the 24 Parganas Zilla Parishad as evidenced by the copy of the petition of appeal being annexure 'J' to the petition while in the affidavit-in-opposition filed on behalf of the first two respondents, the State of West Bengal and the Secretary, Panchayat Department, affirmed by the Deputy Secretary, Panchayat Department, it is asserted that the petition of appeal filed was addressed to the Secretary to the Government of West Bengal, Panchayat Department, through the Commissioner, Presidency Division and the Chairman, 24 Parganas Zilla Parishad and the alleged heading of the said petition has been annexed to the said affidavit. In any event there is no dispute that the said petition was forwarded to the Secretary, Panchayat Department, by the said Commissioner. By an order dated the 8th November 1966, the Secretary, Panchayat Department, the respondent No. 2 herein, purported to decide the appeal. He held, inter alia, that the holding of a single enquiry in respect of three different charge-sheets must have caused confusion to the delinquent, and that the report of the Enquiry Officer did not disclose clearly how particular charges had been proved against the appellant. He accordingly set aside the order of dismissal and directed that three separate enquiries should be held afresh in connection with the three charge-sheets drawn up against the appellant and that the Zilla Parishad would be at liberty to pass such orders therein as it might think fit. It is to be noticed that this order is not purported to be made by the order of the Governor. By a letter dated the 1st December, 1966, the Deputy Secretary, Panchayat Department, forwarded a copy of the aforesaid order, purporting to be an order passed in appeal by the State Government, to the Commissioner, Presidency Division, who is the respondent No. 4 in this application. The said letter further intimated to the Commissioner that in future appeals under Section 31 (2) of the Act should not be forwarded to the Government but be heard by the Divisional Commissioners to whom necessary powers have been delegated by the notification dated the 15th June, 1964. 2. Under Section 30 (2) of the Act, the Executive Officer of a Zilla Parishad can impose any punishment other than dismissal, removal or reduction in rank on an employee holding a post, carrying a monthly salary of less than Rs. 300 per month, while under Section 30 (3) in the case of an employee with a salary of less than Rs. 300 per month, the Executive Officer may recommend the dismissal, removal or reduction in rank to the Finance and Establishment Committee and such Committee shall forward the case to the Zilla Parishad with its own recommendation and on such recommendation, the Zilla Parishad may dismiss remove or reduce in rank any such employee. There is no dispute that in the case of the dismissal of respondent No. 3 the procedure laid down in the above section has been followed by the relevant authorities. Section 31 (2) is the material section and it provides for an appeal to the State Government against an order of punishment awarded by the Zilla Parishad under Section 30. Under Section 105 of the Act the State Government may by notification delegate, subject to such conditions as it may specify, all or any of its powers under the Act except the powers mentioned in Sections 9, 12, 57, 60, 107, 108, 112 and 117 to any person or authority subordinate to it. Section 112 authorises the State Government to make rules for carrying out the purpose of the Act. Statutory rules have been framed under the authority of Section 112 of the said Act, Chap. XLIV whereof deals with appeals by employees of Zilla Parishads against orders of punishment. Rule 167, provides, inter alia, that every appeal under Section 31 shall contain all the material statements and arguments relied on by the appellant and shall be complete in itself.
(2.) By a notification dated the 15th June 1964, made in exercise of the powers conferred by Section 105 of the Act, the Governor was pleased to delegate, inter aha, the power to hear appeals under Section 31 (2) of the Act against the orders of punishment awarded by Zilla Parishads to the Divisional Commissioner. The notification was by the order of the Governor signed by the Joint Secretary to the Local Self-Government and Panchayat Department of the Government of West Bengal.
(3.) It would be necessary here to refer to another notification dated 5-2-1959 made by the Governor in exercise of the powers conferred by Article 166 (2) of the Constitution prescribing the following rule in supersession of all provisional rules made in that behalf: "Orders and other instruments made and executed in the name of the Governor shall be authenticated by the signature of the Secretary or an officer of the Government of West Bengal specially empowered in this behalf by the Governor.";